Mr. Giuliani, insisting that he still had “legal defenses” in the case, said that he continued to believe his accusations about Ms. Freeman and Ms. Moss were “constitutionally protected” under the First Amendment. He also refused to acknowledge that his statements had caused the women any damage — a key element required to collect a judgment in a defamation case.
It's such obvious bullshit to claim First Amendment protection for slander. His only path to victory is a GOP win and a pardon.